The government announced through its spokesperson Gabriela Cerruti a bill to modify the composition and functioning of the Council of the Magistracy, so far with 13 members. In a press conference held at Casa Rosada, the national official explained that the new project will increase the number of councilors to 17 although of “all the new members who join, none belong to the political establishment”
Until now, the composition of the Council of the Magistracy had 13 people distributed as follows: three judges, six legislators (3 deputies and 3 senators), two representatives of the Public Bar Association, a representative of the government and one of the scientific-adamécio field. ” A judge, two lawyers and a representative of the academic-scientific establishment are added,” explained Cerruti, who also confirmed that he will have a strong gender perspective.
“At least of the judges must be women, at least three of the legislators must be women, at least two of the representatives of lawyers and one from the scientific-academic field,” she explained. The government spokeswoman also announced that the majorities necessary for the presentation of shortlists or removal of judges will not be modified. The bill will enter the Senate, where the ruling party will lose the quorum as of December 10 and according to Cerruti “will balance” the current Council.
Diego Molea, current president of the Council of the Magistracy
“What this project does is try to improve the functioning, improve the 2006 law with which things have happened that allows us to think that it is a more balanced representation,” saidHistoria del Consejo de la Magistratura
It was created in the constitutional reform of 1994 and its main objective is “the selection of magistrates and the administration of the Judiciary”. Its operation is regulated by Law 24,937.In 2006 it was reformed by reducing the number of directors from 20 to 13, when the number of judges, legislators and lawyers was reduced.
In 2013, at the impulse of Cristina Kirchner, it was sought to establish the composition of the Council of the Magistracy through the popular vote, granting the positions to the representatives of the lists that come first in the elections and the one that comes second, as happens with the senators. In the last hours the rumor spread about a possible ruling of the Supreme Court that declares unconstitutional the reform of 2006. “We do not govern based on journalistic reports,” Cerruti explained at the conference when asked about the possible supreme ruling. He added: “We have no reason to believe that something that didn’t happen in recent years is about to happen. It would seem to us to be stranger and more incorrect for the Supreme Court to advance its rulings to the media.”
